"Here in the February 22, 2011 ruling, however, the link forged between consent and bodily integrity-indeed, the overlap of the two as each defines women's subjectivity-brings rape very much into Bergelson's second category. Sex is an act of bodily harm. It is conceived of as a violation of bodily integrity. It undermines an individual's *biopolitical) dignity, whether there is consent or not. Consent merely serves to mitigate the crime. It is therefore empathically not, as Bergelson states elsewhere, that: consensual sex is not rape, even if one of the partners is not aware of the other's consent.” The burden of proof in the context of the February 22, 2001 rape trial was explicitly on the defendant-to show that consent occurred. In the very process of reinforcing women's subjectivity, therefore-in the very process of eliminating the humiliating effects of considering consent alone in rape legislation (namely, the effects of placing the burden of proof on the victim to show that she did not in fact “want it”)-contemporary international law is also effectively criminalizing all sex. Whereas it is true that rape is not like torture to the extent that pain “per se” is not the issue, in other words, it is exactly like torture in that regardless of consent it is a crime against bodily integrity, autonomy, and therefore humanity."